McGoldrick v Dendrobium Coal Pty Ltd [2022] NSWSC 1341

Supreme Court New South Wales

Medium Neutral Citation: McGoldrick v Dendrobium Coal Pty Ltd [2022] NSWSC 1341 Hearing dates: 20 September 2021 to 23 September 2021 Date of orders: 18 October 2022 Decision date: 18 October 2022 Jurisdiction: Common Law Before: Garling J Decision: See [185] Catchwords: NEGLIGENCE — Damages — Workplace injury of mining engineer — Where breach admitted —Assessment of damages — Assessment of future economic loss, non-economic loss and past and future expenses Legislation Cited: Workers Compensation Act 1987 Pt 5 Cases Cited: Fox v Wood (1981) 148 CLR 438; [1981] HCA 41 Glover v Australian Ultra Concrete Pty Ltd [2010] NSWSC 1284 Malec v J C Hutton Pty Ltd (1990) 169 CLR 638; [1990] HCA 20 Medlin v Statement Government Insurance Commission (1995) 182 CLR 1; [1995] HCA 5 Penrith City Council v Parks [2004] NSWCA 201 Texts Cited: Not applicable Category: Principal judgment Parties: Troy McGoldrick (P) Dendrobium Coal Pty Ltd (D) Representation: Counsel: D Campbell SC / J Ryan (P) M McCulloch SC / F Doak (D)

Solicitors: RMB Lawyers (P) HWL Ebsworth Lawyers (D) File Number(s): 2016/171098 Publication restriction: Not applicable

Judgment 1. Troy McGoldrick ("the plaintiff") was born, educated, worked and has spent his life in the Wollongong area. After his early education, he commenced tertiary studies at the University of Wollongong in 2007 in the discipline of Mining Engineering. 2. In mid-2011, the plaintiff graduated with an Honours Degree in Mining Engineering. Whilst studying, he worked in various coal mines and in other roles that required him to visit coal mines and the Port Kembla Coal Terminal. 3. After graduation he applied for a graduate mining engineering position with BHP Billiton Illawarra Coal ("BHP Billiton"). At that time, BHP Billiton was highly regarded in the region for the mining which it was undertaking. Over 200 candidates had applied for a position with BHP Billiton as a Graduate Mining Engineer. Six were selected of whom the plaintiff was one. 4. BHP Billiton in due course undertook a corporate restructure which saw the ownership and operation of the three Illawarra coal mines transferred to South 32 Ltd. It will be convenient in this judgment to refer to South 32 as the plaintiff's employer and the ultimate owner of the three Illawarra coal mines without regard to the time at which the transfer actually occurred. 5. The graduate role was one of three years in length, with each Graduate being required to spend a year working at each of South 32's three mines before being confirmed in a permanent role as a Mining Engineer. Those three mines were: the West Cliff Mine, the Dendrobium Mine, and the Appin Mine. 6. In his first year in the Graduate Program, the plaintiff spent his time at the West Cliff Mine working underground on night shift as part of the production team. During that time, the plaintiff acquired knowledge with the aim of becoming a Deputy. A Deputy is a person who is in charge of an underground working crew. 7. In the plaintiff's second year of his Graduate Program, in August 2012, he was transferred to the Dendrobium Mine – which is located to the west of Wollongong. During his time at Dendrobium, the plaintiff worked partly on the surface and partly underground. Whilst working underground, the plaintiff continued to gain experience on his chosen path towards becoming a Deputy. 8. This work included spending a few months working as part of the day shift Longwall Production Crew.